SCHEDULE 1 – THE CRIMINAL CODE.

PART I. – INTRODUCTORY.

Division 3. – Application of the Criminal Law.

16. PERSON NOT TO BE PUNISHED TWICE FOR SAME OFFENCE.

(1) Subject to Subsection (2), a person cannot be punished twice under the provisions of this Code or under the provisions of any other law for the same act or omission.

(2) Subsection (1) does not apply where an act or omission is such that by means of it the offender causes the death of another person, in which case he may be convicted of the offence of which he is guilty by reason of causing the death, notwithstanding that he has already been convicted of some other offence constituted by the act or omission.

17. FORMER CONVICTION OR ACQUITTAL.

It is a defence to a charge of any offence to show that the accused person has already
been–

(a) tried and convicted or acquitted, on an indictment on which he might have been convicted of the offence with which he is charged ; or
(b) acquitted on indictment, or convicted, of an offence of which he might be convicted on the indictment or complaint on which he is charged.

SCHEDULE 1 – THE CRIMINAL CODE.

PART VIII. – PROCEDURE.

Division 4. – Trial: Adjournment: Pleas: Practice.

560. PLEAS.

(2) If the accused person pleads, he may plead–

(c) that he has already been convicted

SCHEDULE 1 – THE CRIMINAL CODE.

PART VIII. – PROCEDURE.

Division 4. – Trial: Adjournment: Pleas: Practice.

560. PLEAS.

(2) If the accused person pleads, he may plead–

(d) that he has already been acquitted on an indictment

SCHEDULE 1 – THE CRIMINAL CODE.

PART VIII. – PROCEDURE.

Division 4. – Trial: Adjournment: Pleas: Practice.

560. PLEAS.

(2) If the accused person pleads, he may plead–

(e) that he has already been tried and convicted or acquitted of an offence committed or alleged to be committed under such circumstances that he cannot under this Code be tried for the offence charged in the indictment ; or
(f) that he has been pardoned for the offence charged in the indictment

SCHEDULE 1 – THE CRIMINAL CODE.

PART VIII. – PROCEDURE.

Division 4. – Trial: Adjournment: Pleas: Practice.

564. PLEA OF AUTREFOIS CONVICT OR AUTREFOIS ACQUIT.

In a plea that the accused person has already been convicted or acquitted, it is sufficient to state that he has been lawfully convicted or acquitted, as the case may be, of the offence charged in the indictment, or of the other offence of which he alleges that he has been convicted or acquitted, and in the latter case to describe the offence in any way in which it is commonly known.

Article 20
Ne bis in idem
1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.
2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.